Harper v. Paradise

Appellants are the children of a deceased party who received property as life tenant. The appellants were listed as remaindermen. The deed was lost by the life tenant and not recorded until 35 years after the conveyance. Before the deed had been recorded, the life tenant had mortgaged the property and defaulted on the mortgage.

Grantees bear the burden of ascertaining the contents of previous conveyances and any interests transfered in these earlier conveyances. The grantees are required to make such an inquiry to protect their interests unless they can prove that such an inquiry would have been futile.

Property Acquisition | The Recording System